Judge tosses ballot fraud charges for Galuski, Campana

TROY--A judge Thursday dismissed all charges against a pair of Troy politicians in the ballot fraud case that has dominated political headlines for the past three years.

Granting a joint motion by the prosecution and both defense attorneys, Supreme Court Justice George Pulver dismissed all charges against former City Council President Clement Campana and City Councilman Gary Galuski.

The two had been under indictment for allegedly falsifying business records, charges derived from fraudulent absentee ballots in the 2009 Worker's Family primary election.

"The evidence outlining the people's charges is weak," Pulver said, reading from a condensed written decision on the matter.

"After one mistrial, and two lengthy trials resulting in acquittals, continued prosecution of this voter fraud matter is not in the public's interest," Pulver said.

After the hearing, both men smiled broadly, greeting family, friends and supporters on hand for the proceeding.

Calling Campana a decent, honorable man, Jones asked, "The question is, how do you get your reputation back?

"This is one of the best men in our community, and they've taken him out of the political game, and we are all less for that."

Campana expressed relief that the ordeal was over.

"Three years I wish I had back," Campana said. "From the get go I did nothing wrong."

Campana said he was planning to relax a bit, then get back to work.

"I'm just happy that this case, this chapter of my life, is over."

After the dismissal, Pulver met with attorney Trey Smith, the special prosecutor in the case.

Smith had brought with him a contempt motion against the county, part of his ongoing bid to get payment for legal expenses he incurred prosecuting the case.

According to Smith, the total bill for the case comes to approximately $480,000.

"I have put 1,200 hours into this case since the county last paid me," Smith said. "My firm has fronted somewhere between eight and 10 thousand dollars in trial expenses, exhibits, airfare for witnesses which the county has not paid."

Smith said he has not been compensated in some time.

County Attorney Steven Pechenik was unable to attend the hearing due a family emergency.

According to county officials, Smith has already been paid approximately $240,000.

A written statement from the County Legislature's Majority office was critical of Smith's performance at trial and his attempts to collect legal fees.

"We only wish Trey Smith was as hard on the people who committed voter fraud as he was on the taxpayers of Rensselaer County," said spokesman Richard Crist.

"This case was turned into an expensive and lengthy legal boondoggle by Trey Smith," Crist said.

A hearing on Smith's contempt application against the county for failure to pay legal fees is scheduled for March 26.